Towler v. State Highway Department

Quillian, Judge.

1. The principal question for decision is whether the condemnor can, as was attempted in the case sub judice, dismiss its appeal and entire proceeding instituted under power of eminent domain, after the appraisers have returned their appraisal awarding the condemnee just compensation for his property, and in that manner avoid liability for the amount awarded the condemnee? The epochal case of Woodside v. City of Atlanta, 214 Ga. 75 (103 S. E. 2d 108) holds that the time of "taking” in cases where the right of eminent domain is exercised is when the condemnor interferes with…